Wednesday, August 12, 2020
The new rule makes several changes to the Obama-era guidance which are intended to create a more level playing field for the accused. For instance, the new rule gives the accused the right to cross examine the accuser in some form, i.e. through an attorney or in writing. This step was frequently absent from many campus kangaroo courts which used a single investigator and often gave the accused no chance to question the accuser’s story.
The new rule also allows campuses to choose a higher standard of guilt when making decisions. Instead of a “preponderance of evidence” standard (51%) they can now choose to use the more rigorous “clear-and-convincing” standard of proof. Schools aren’t required to use this but as Reason pointed out they are expected to apply the same standard to everyone, meaning cases involving professors too.
There’s a breakdown of some of the other differences here.
Do I still have to take the 2-hour online course on sexual harassment?